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2024 Supreme(Online)(Kar) 38570

KARNATAKA HIGH COURT
SMT. APPI – Appellant
Versus
PUTTUR TALUK THE TAHSILDAR – Respondent


JUDGMENT

This appeal is filed by the plaintiffs aggrieved by the judgment and decree dated 27.11.2020 passed in O.S.No.95/2016 (Old O.S.No.199/2011) on the file of Additional Civil Judge and J.M.F.C, Puttur (hereinafter 'the Trial Court') which is confirmed by the judgment and order dated 06.02.2024 passed in R.A.No.1/2021 on the file of Prl. Senior Civil Judge and J.M.F.C, Puttur (hereinafter 'the First Appellate Court').

2. The above suit in O.S.No.95/2016 is filed by the plaintiffs claiming ownership in respect of lands bearing Sy.No. 6/3A4 measuring 0.20 acres, Sy. No. 8/5 measuring 0.46 acres, Sy. No. 6/3A3 measuring 0.32 acres, Sy. No. 8/2 measuring 0.58 acres, Sy. No. 6/3A6 measuring 0.90 acres and Sy. No. 8/4 measuring 0.46 acres are situated in Padnoor Village, Puttur Taluk, D.K.

2.1 The plaintiff No.1 claims to be the owner of the kadim warg land, which is item No.1 and 2 of A schedule property, plaintiff No.2 claims to be the owner of kadim warg land in the item No.3 and 4 of 'A' schedule property and plaintiff No.3 also claims to be the owner of kadim warg land in item No.5 and 6 of 'A' schedule property. It is contended that aforesaid lands are kumki privilege abutting t

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